Terms and Conditions
  1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  3. To enter, individuals must nominate an eligible teacher to win a prize as part of the ‘A Day Made Better’ Campaign. An eligible teacher is any Australian resident aged 18 years or over employed as a teacher (including but not limited to teacher’s aids, temporary teachers, sports coaches etc) at either a primary, secondary/high school or combined school in Australia (“Eligible Teachers”).
  4. To receive an entry into this Promotion, an Eligible Teacher must receive a valid nomination. Nominations can be submitted by any Australian resident (including but not limited to other teachers, principals or school administrators, parent/guardian/s of a student and students themselves etc) (“Nominators”). Self nominations are not permitted and will be deemed invalid. Nominators under 18 years old must have parental/guardian approval to submit a nomination and further, the parent/guardian of the Nominator must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor participating in this promotion.
  5. Nominators must receive consent from each Eligible Teacher they wish to nominate (and that that Eligible Teacher agrees to be nominated based on these Terms and Conditions) before submitting a nomination. This includes the Eligible Teacher consenting to the Nominator’s nomination being published on the A Day Made Better website and being shared via social media by the Nominator as detailed below. In addition, a Nominator must use their best endeavours to obtain all necessary authorisations, consent, documents and undertakings from the Eligible Teacher to meet the Terms and Conditions, and as required from time to time by the Promoter.
  6. By submitting a nomination, the Nominator agrees to be contacted by the Promoter regarding the ‘A Day Made Better’ Campaign, including but not limited to ‘A Day Made Better’ Campaign news, winner announcements and stories about teachers across Australia. Nominators will also be provided with the opportunity to opt in to receive future promotional marketing communications from the Promoter, at the time of submitting a nomination.
  7. Promotion commences on 15/05/2017 and all nominations must be submitted by 5:00pm AEST on 23/06/2017 (“Promotional Period”).
  8. To submit a nomination, Nominators must, during the Promotional Period, visit www.adaymadebetter.com.au, follow the prompts to the competition entry page, input the requested details including the details of the Eligible Teacher that they wish to nominate, the school that they are employed at and tell us why they are nominating this teacher, and then submit the fully completed online nomination form.
  9. Nominations from Nominators will be made public on the A Day Made Better website for public viewing, unless the nominator deselects the check box to enable this. Nominators will also be given the opportunity to share their nomination via social media including but not limited to Facebook, Twitter and Instagram. Nominations shared via social media or submitted on the A Day Made Better website will all be judged equally in this promotion. The Promoter reserves the right to remove any nomination that is made public on the A Day Made Better website that it believes breaches these Terms and Conditions including Clause 27.
  10. The Promoter reserves the right to share nominations submitted by Nominators (including those from students) on via A Day Made Better social media platforms.
  11. The Promoter reserves the right, at any time, to verify the validity of nominations, Eligible Teachers and Nominators (including their identity, age, employment and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry/nomination process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
  12. Incomplete or illegible nominations will be deemed invalid.
  13. Eligible Teachers are permitted to receive multiple nominations during the Promotional Period, however Nominators can only nominate each Eligible Teacher once.
  14. If there is a dispute as to the identity of an Eligible Teacher and/or Nominator, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Teacher and/or Nominator.
  15. The judging will take place at OfficeMax Australia Ltd, Level 1, Building 3, 658 Church St, Richmond VIC 3121 between 26/06/2017 and 21/07/2017. This is a game of skill and chance plays no part in determining the winners. The Promoter will appoint a panel of judges to judge each nomination based on the content of the answer provided to the promotional question as well as the worthiness of the Eligible Teacher as expressed by the Nominator.
  16. The Promoter’s decision is final and no correspondence will be entered into.
  17. The best ten (10) valid nominations as determined by the judges will each win the Eligible Teacher the following prize for use within the Eligible Teacher’s classroom (“Prize”):
    • 1 x Apple iPad Air 32GB Wi-Fi 5th Generation (RRP $469 inc GST) valued at $599; and
    • a minimum of $5,000 worth of assorted school supplies (to be determined by the Promoter in its absolute discretion).
  18. The school principal of each winning Eligible Teacher will be contacted by the Promoter, from 18/07/2017, to organise the awarding of the Prize as a surprise for the Eligible Teacher. For the avoidance of doubt, Nominators are not awarded any prizes in this promotion.
  19. Each principal and winning Eligible Teacher must accept these Terms and Conditions as a condition of accepting a Prize. In the event that any principal or Eligible Teacher fails to contact the Promoter within the specified time frame, refuses to accept the Prize and/or refuses to accept the Terms and Conditions, that Eligible Teacher will be disqualified and invalidated.
  20. Each Prize will be awarded to the school at which the Eligible Teacher is employed for the Eligible Teacher to use in their classroom. The Promoter will award the prize at the school at a time mutually agreed between the school principal and the Promoter. In the event that an agreement cannot be reached, the Promoter reserves the right to determine the delivery time and date of the Prize, acting reasonably.
  21. Prior to the delivery of the Prize, the Promoter will seek permission from the school principal and parents (where relevant) of the students of the school (who will appear at the time of delivery of the Prize), to be photographed and/or recorded while taking the Prize. Once the Prize has been delivered, the provisional winning Eligible School teacher will be required to sign a release confirming permission to be photographed and/or recorded as a condition of accepting a Prize. The Promoter also reserves the right to seek permission from any other person (including other employees of the school) present at the time of Prize delivery to be photographed and/or recorded. Individuals who agree to the Promoter photographing and/or recording them, consent to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, individuals, distributed and/or supplied by the Promoter. Such individuals agree to sign any legal documentation presented to them by the Promoter, including but not limited to a legal release.
  22. If for any reason an Eligible Teacher’s school does not take a Prize (or an element of a Prize) at the time stipulated by the Promoter, then the Prize (or that element of the Prize) will be forfeited.
  23. If any Prize (or part of any Prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize (or that part of the Prize) with a Prize to the equal value and/or specification.
  24. Total prize pool value is at least $50,000.00.
  25. Prizes, or any unused portion of a Prize, are not transferable or exchangeable and cannot be taken as cash.
  26. ‘iPad’ is a trademark of Apple inc. Apple is not a participant in or sponsor of this promotion.
  27. Nominators agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Nominators warrant and agree that:
    • they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
    • their Content shall not contain viruses or cause injury or harm to any person or entity;
    • their Content shall not contain viruses or cause injury or harm to any person or entity;
    • the Content is the original literary work of the Nominator that does not infringe the rights of any third party;
    • they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
    • they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
  28. Without limiting any other terms herein, the Nominator agrees to indemnify the Promoter for any breach of the above terms.

  29. As a condition of entering this promotion, each Nominator licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
  30. Nominators consent to the Promoter using their name, likeness, image and/or voice in the event the Eligible Teacher they nominate is a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  31. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Nominator and/or Eligible Teacher; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
  32. Any cost associated with accessing the promotional website is the Nominator’s responsibility and is dependent on the Internet service provider used.
  33. Liability for any tax (other than FBT) arising out of participation in this promotion (including acceptance of a Prize) is the sole responsibility of each Eligible Teacher’s school of employment. Each Eligible Teacher’s school of employment should seek independent financial advice in this regard.
  34. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
  35. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in Prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winning Eligible Teacher; or (f) use of a Prize and/or acceptance of a Prize.
  36. As a condition of accepting a Prize, the school of the winning Eligible Teacher must sign any legal documentation as and in the form required by the Promoter and/or Prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
  37. Entry and continued participation in the promotion is dependent on Nominators following and acting in accordance with either the Instagram Terms of Use (which can be viewed at http://instagram.com/legal/terms/), the Twitter Terms of Service (which can be viewed at https://twitter.com/tos?lang=en) and the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
  38. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, Twitter or Facebook. Nominators understand that they are providing their information to the Promoter and not to Instagram, Twitter or Facebook. The information a Nominator provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram, Twitter or Facebook. Instagram, Twitter or Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by a Nominator as a result of participating in the promotion (including taking/use of a Prize), except for any liability which cannot be excluded by law.
  39. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and Prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://www.officemax.com.au/privacy-policy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, if the Nominator ‘opts in’ at the time of submitting a nomination, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Nominator. The Privacy Policy also contains information about how Nominators may opt out, access, update or correct their PI, how Nominators may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All nominations become the property of the Promoter. The Promoter will not disclose Nominator’s personal information to any entity outside of Australia.
  40. The ‘Promoter’ is OfficeMax Australia Ltd (ABN 26 064 777 224) of Level 1, Building 3, 658 Church St, Richmond VIC 3121.

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